Search
The purpose of the search is to locate and collect data related to crimes in private places.
It is about places protected by the right to respect for private life.
A search can only be used to gather evidence of crimes that have already been committed.
A search cannot be conducted when the crimes have yet to be established and there are also only suspicions.
Indeed, the conduct of a search is not limited to private places where the suspect himself resides. A search of a neighbor's house or a relative of the suspect is perfectly possible.
Searches are possible at any private place where it can be assumed that evidence can be gathered relating to the crime under investigation.
A search can only take place by order of an investigating judge.
Also, a search can also take place when consent is given by the resident or when caught in the act.
A search can only take place before 9 p.m. and after 5 a.m. Searches initiated before 9 p.m. may continue after 9 p.m., however. This restriction does not apply when the search is conducted based on the resident's consent or in the context of being caught in the act.
The legislature provides an exception to the ban on a night search in the context of investigations of certain serious crimes such as terrorism, for example.
